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AB-2137 Regional park and open-space districts: general manager: powers.(2017-2018)

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Date Published: 06/19/2018 09:00 PM
AB2137:v98#DOCUMENT

Amended  IN  Senate  June 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2137


Introduced by Assembly Member Mayes

February 12, 2018


An act to amend Section 5549 of the Public Resources Code, relating to parks and recreation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2137, as amended, Mayes. Regional park and open-space districts: general manager: powers.
Existing law generally authorizes the general manager of any park or open-space district, with district board approval, to bind the district, in accordance with board policy, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose in amounts not exceeding $25,000. However, existing law grants that authority to the general managers of the East Bay Regional Park District, the Midpeninsula Regional Open Space District, and the Sonoma County Agricultural Preservation and Open Space District with respect to the payment of amounts not exceeding $50,000.
This bill would also grant that authority with respect to the payment of amounts not exceeding $50,000 to the general manager of the Riverside County Regional Park and Open Space District. instead make $50,000 the limit by which the general manager of any park or open space district, with district board approval, may bind the district, in accordance with board policy that has been adopted in an open meeting, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose. The bill would authorize the district, by action of the board in an open meeting, to increase the amount by which the general manager of the district may bind the district above that limit, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Riverside County Regional Park and Open Space District.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5549 of the Public Resources Code is amended to read:

5549.
 (a) The general manager has the following administrative and executive functions, powers, and duties. The general manager shall do all of the following:
(1) Enforce this article and all ordinances and regulations of the district.
(2) Appoint and remove subordinates, clerks, and other employees, and exercise supervision and control over all departments and offices of the district, subject to the personnel rules, civil service or merit system, and policies adopted by the board.
(3) Attend all meetings of the board unless excused by the board.
(4) Submit to the board for adoption any measures, ordinances, and regulations he or she deems necessary or expedient.
(5) Enforce all terms and conditions imposed in favor of the district or its inhabitants in any contract and report any violations to the board or the police department, as appropriate.
(6) Prepare and submit the annual budget to the board and perform all other duties imposed by this article or by the board.
(b) (1) With the approval of the board, the general manager may bind the district, in accordance with board policy, policy that has been adopted in an open meeting, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose, including new construction of a building, structure, or improvement, in amounts not exceeding twenty-five fifty thousand dollars ($25,000). ($50,000). All expenditures shall be reported to the board of directors at its next regular meeting.

(2)Notwithstanding paragraph (1), with the approval of the board, the general manager of the East Bay Regional Park District, the general manager of the Midpeninsula Regional Open Space District, the general manager of the Sonoma County Agricultural Preservation and Open Space District, and the general manager of the Riverside County Regional Park and Open Space District may bind those districts, in accordance with board policy, and without advertising, for the payment of supplies, materials, labor, or other valuable consideration for any purpose, including new construction of a building, structure, or improvement, in amounts not exceeding fifty thousand dollars ($50,000). All expenditures shall be reported to the board of directors at its next regular meeting.

(2) A district may, by action of the board in an open meeting, increase the amount by which the general manager may bind the district above the fifty-thousand-dollar ($50,000) limit established in paragraph (1). An increase made pursuant to this paragraph shall not exceed an amount equal to 2 percent, for each fiscal year following the operative date of the last adjustment, of the amount in effect when the board’s action is adopted.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial situation of the Riverside County Regional Park and Open Space District.